What criminal remedies can I pursue along with a domestic violence complaint?

Question

I am facing domestic violence at home. Apart from civil protection orders, what criminal cases can I file against my abuser? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "What criminal remedies can I pursue along with a domestic violence complaint?" turns on Protection of Women from Domestic Violence Act 2005, BNS 2023 s.85 and BNS 2023 s.115-118. The points below set out the position and then what to do about it, in the order it should be done.

The Domestic Violence Act, 2005 itself is largely a civil remedy statute providing protection orders, residence orders, monetary relief and custody orders under sections 18-22, but breach of a protection order under s.31 is a criminal offence punishable with up to 1 year imprisonment or fine or both.

Alongside DV Act proceedings, you can file a criminal complaint under BNS s.85 for cruelty by husband/relatives, and under BNS s.115-118 for hurt or grievous hurt if physical violence caused injury.

If the violence includes threats, you can add BNS s.351 (criminal intimidation), and if there is sexual violence within marriage in aggravated circumstances, other BNS provisions may also be invoked depending on the facts.

DV Act applications are filed before the Magistrate and are heard relatively faster (the Act mandates first hearing within 3 days and disposal within 60 days as far as possible), making it a useful parallel track to a slower criminal trial.

A Protection Officer appointed under the Act assists in filing the Domestic Incident Report (DIR), which becomes foundational evidence for both the civil DV application and any criminal complaint.

Practical steps: 1) Contact a Protection Officer or approach the police to get a Domestic Incident Report registered; 2) File an application under the DV Act for protection, residence and monetary relief before the Magistrate; 3) Simultaneously lodge a criminal complaint under BNS s.85 and other applicable sections for the physical/verbal abuse; 4) Keep medical records, photographs and witness details ready to support both proceedings.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Protection of Women from Domestic Violence Act 2005 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.